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Written Answers — Department of Agriculture, Food and the Marine: Agriculture Schemes (5 Mar 2024)

Charlie McConalogue: The named organisation is owned and operated by industry stakeholders and charged with ensuring stakeholder responsibility for the direction of livestock breeding in Ireland. The breeding direction and development and operation of Breeding indices are therefore a matter for ICBF. Pedigree breeders are represented on the Board of the organisation. The organisation has recently established...

Written Answers — Department of Agriculture, Food and the Marine: Agriculture Schemes (5 Mar 2024)

Charlie McConalogue: The purpose of the ACRES scheme is to help farmers to address a range of environmental, climate and biodiversity and challenges, and to contribute to the achievement of the objectives set out in this respect in Ireland's 2023-2027 CAP Strategic Plan. The tiered structure, and the criteria for acceptance into the Scheme, were therefore designed to optimise the extent to which the Scheme...

Written Answers — Department of Agriculture, Food and the Marine: Agriculture Schemes (5 Mar 2024)

Charlie McConalogue: The persons named submitted applications under the young farmer category of the 2023 National Reserve and also the Complementary Income Support for Young Farmers. The National Reserve application was successful, and the persons named were notified of this outcome on 22nd February. Payment based on the allocation from the National Reserve will issue as soon as possible. Processing of the...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: I thank the Cathaoirleach and members for promptly putting this on the agenda of the committee and dealing with the pre-legislative work on the proposed Bill. As the Cathaoirleach stated, it has been on the agenda for some time and we are very keen to progress it through the Houses of the Oireachtas. Key to that is this initial engagement with the committee and the thoughts and feedback of...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The reason is that an error in fact of law would be obvious quicker whereas a change in circumstances might happen a few months after and might not be as obvious at the start. That is the reason for the difference between the three months and the six months being proposed here.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The Bill proposes to introduce a time limit of six months for the seeking of a review of the decision of an appeals officer in the event of new evidence or facts or a change in circumstances since the decision was made. Where a review is sought, that would go to another appeals officer on the 12-person appeals board for consideration. That is where there has been a change of circumstance or...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: A fact of law is where someone believes the law was not applied properly, or believes the facts were not properly reflected and the decision does not stack up in the face of the facts that the person presented or does not stack up in regard to the application of the law to the decision. In that case, at present, people can appeal it to the director of the appeals office. Under this new...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: Yes.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: I take the point.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: I thank the Cathaoirleach. I thank Senator Daly and acknowledge that this is something he has supported over the last number of years too. On the Senator's point about the independence of the chair, the 2018 report indicated that the system was independent and robust but that this legislation could strengthen and add to this by changing the role that is currently done by the director of the...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: I believe that we do. It must go through the various Stages, including in the Seanad, but this piece we are doing here now with the pre-legislative scrutiny is important. Generally there is broad acceptance of the Bill and that it will have broad support. I am certainly open to the committee members' views on how we can be sure the legislation will do the job as effectively as it should....

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: If we can. I would see that as entirely possible. Obviously it will depend on what the other priorities are in the legislative schedule. I will certainly be making the point to the Seanad and Dáil Whips that I do not believe it will take a big chunk of time because I would be hoping there is broad acceptance and therefore we should be able to move it on and get it scheduled on the...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: It is a unique one as far as I know but it is the only one that has been brought to my attention. If there are any other instances I would be quite happy to amend it and make sure we address it here. I do not see any role for it. If we were to apply that rule to Oireachtas committees there could be a good few across the Houses of the Oireachtas who would not be able to attend the...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The appeals office uses the Chief State Solicitor's office and the Attorney General's office only for legal advice.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The Bill, as drafted, is what is presented, but obviously it is at pre-legislative scrutiny stage and the final Bill is something we can reflect on further. One of the key objectives here is to ensure that as part of the review panel there is representation of people with practical experience of farming. That will certainly be the way I proceed to set the board up. As to how we reflect...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: Is that the number with practical-----

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The number overall is five, including the director. The legislation also provides for regulations to be made to define further the makeup. It is something I will potentially be able to do in the regulations, that piece around the practical farming aspect. If it is not necessarily in the primary legislation, we will put it into the regulations. That is the key objective and output here....

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: Three would have to be present for any decision.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: On somebody accompanying the person, we provide for that in the legislation. The person can represent themselves or can have somebody represent them on their behalf. I presume we mean both the appellant and the representative can be there at the same time.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: Basically, at the moment for an oral hearing, it states “An appellant may represent himself or herself or be represented by another person at the oral hearing of his or her appeal.” I take the Deputy’s point. That could well be read like an either-or as opposed to-----

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